Judge Isgur

In re Lively

After a bankruptcy court preliminarily announced that it would deny confirmation of a chapter 11 individual plan for violating 11 U.S.C.S. § 1129(b)(2)(B)(ii), it allowed briefings on the question of whether the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) abrogated the absolute priority rule for individual chapter 11 cases.
Ruling: 
Confirmation denied due to continued operation of absolute priority rule.
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Consumer case opionion summary, case decided on December 30,2011, LexisNexis #0212-030

Villareal v. Morales (In re Villareal)

Chapter 13 debtors sought to set aside a tax foreclosure sale of the debtors' homestead pursuant to 11 U.S.C.S. § 544(a)(3).
Ruling: 
Debtor could avoid tax foreclosure sale of homestead where deed was not recorded prior to petition date.
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Consumer case opionion summary, case decided on December 28,2011, LexisNexis #0212-025

Fauser v. Property Owners Assn of Canyon Vill. at Cypress Springs (In re Fauser)

Chapter 7 debtors brought an adversary proceeding asserting that the annual property assessments on their condominium by defendant property owners association were excepted from discharge under 11 U.S.C.S. § 523(a)(16), and that actions taken to collect the assessments violated the automatic stay and the discharge injunction, 11 U.S.C.S. §§ 362(a)(6) and 524.
Ruling: 
Condominium association's attempt to collect prepetition assessments was a willful violation of stay.
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Consumer case opionion summary, case decided on October 20,2011, LexisNexis #1111-042

First Safe Prot. Servs. LP v. Ayesh (In re Ayesh)

Creditor filed a complaint against chapter 7 debtor seeking to have a state court judgment excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). The creditor moved for summary judgment and asked the court to award legal fees and court costs associated with the bankruptcy proceeding and to declare such fees, including sums due and owing on the state court judgment, nondischargeable.
Ruling: 
Debtor's signing contract under false name, a misrepresentation upon which creditor relied, resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1111-048

In re Valdez

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the court issued an order requiring the debtor to show cause why he should not be sanctioned for filing his bankruptcy petition in bad faith. After the debtor testified at the hearing, the court issued an order to a business that gave the debtor advice, which required the business to show cause why it should it should not be sanctioned.
Ruling: 
Debt relief agency ordered to disgorge fees and enjoined from operating in district until demonstrating compliance with Bankruptcy Code.
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Consumer case opionion summary, case decided on August 23,2011, LexisNexis #0911-088

Sanders v. Muhs (In re Muhs)

Plaintiff creditor filed an adversary proceeding against defendant debtor, seeking to have the debt declared nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) for false statements, false pretenses, or actual fraud; under § 523(a)(2)(B) for false statements in writing regarding financial condition; under § 523(a)(4) for fraud or defalcation while acting in a fiduciary capacity; and under § 523(a)(6) for willful and malicious injury.
Ruling: 
Debt was nondischargeable due to misrepresentations by debtor general contractor.
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Consumer case opionion summary, case decided on August 02,2011, LexisNexis #0911-047

In re Tribeca Lofts LP

In a chapter 11 bankruptcy, the court considered the amount of a creditor's claim that must be paid through the plan and whether to approve the debtor's proposed disclosure statement.
Ruling: 
Creditor's attorneys' fees incurred in lawsuit against guarantors that was not intended to collect debt but to put pressure on debtor's management denied.
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Commercial case opionion summary, case decided on June 03,2011, LexisNexis #0711-082

Almazan v. Texas Natl Bank (In re Almazan)

Debtor filed an adversary proceeding which included claims against defendant bank for avoidance of fraudulent transfer under 11 U.S.C.S. §§ 548 and 550 and the Texas Uniform Fraudulent Transfer Act (TUFTA), Tex. Bus. & Com. Code Ann. §§ 24.005-24.006. Defendant filed a motion to dismiss the claims for failure to state a claim.
Ruling: 
Fraudulent transfer proceeding dismissed for failure to state a claim.
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Consumer case opionion summary, case decided on March 07,2011, LexisNexis #0411-019

Schmidt v. Cantu (In re Cantu)

Plaintiffs objected to defendant Chapter 7 debtors' discharge pursuant to 11 U.S.C.S. § 727.
Ruling: 
Discharge denied due to debtor's false oaths, concealment of assets, refusal to comply with court orders, failure to keep records and withholding information.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-062

Official Comm. Of Unsecured Creditors v. FLI Deep Marine LLC (In re Deep Marine Holdings Inc.)

Plaintiff, the Official Committee of Unsecured Creditors, filed a Complaint for Subordination Under 11 U.S.C.S. § 510(b) or in the Alternative Under 11 U.S.C.S. § 510(c). The Complaint sought the subordination of the Claims of defendants, entities or persons who filed proofs of claims against one or more of the debtors, below those of general unsecured creditors. The Committee filed a motion for summary judgment.
Ruling: 
Claims based on alleged confiscation of shares by debtor's majority shareholders through short form merger arose from the purchase or sale of securities and were subject to mandatory subordination.
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Commercial case opionion summary, case decided on January 19,2011, LexisNexis #0311-117

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